Freitas

Freitas v. Freitas

Good Law
147 Cal. Rptr. 3d 453·209 Cal. App. 4th 1059
Court of Appeal of CaliforniaOctober 3, 2012No. D060281California6,847 words

Opinion

Lead Opinion

Aaron, J.

I.

INTRODUCTION

Kevin D. Freitas (Kevin) appeals from several pendente lite orders of the trial court in a marital dissolution action brought by his wife, Christine B. Freitas (Christine). In April 2010, Christine filed a petition to dissolve the marriage. At an October 2010 hearing, the trial court entered a temporary spousal support award in favor of Kevin, and a temporary child support award in favor of Christine. At that same hearing, the court ruled that it would reserve jurisdiction over whether to amend the support awards, and that Kevin could submit additional evidence pertaining to Christine’s income *1062 for the period of September and October 2010. In June 2011, the trial court determined that in light of this court’s January 2011 opinion in In re Marriage of Gruen (2011) 191 Cal.App.4th 627 [ 120 Cal.Rptr.3d 184 ] (Gruen), it lacked jurisdiction to amend the support awards for the months of September and October 2010. In Gruen, this court concluded that a trial court lacked jurisdiction to retroactively modify a pendente lite support order to any date earlier than the date on which a proper pleading seeldng modification of such order is filed. (Id. at p.…

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